A sentencing judge who intends to impose a disproportionate sentence on a serious sexual offender under s 6D(b) of the Sentencing Act 1991 (Vic) must expressly state that intention and must make an express finding, to the standard of proof beyond reasonable doubt, that the offender would remain a danger to the community at the conclusion of a proportionate sentence. The discretion to impose a disproportionate sentence will rarely be exercised.
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